Asbestos Mesothelioma Lawsuit
Unfortunately, many people in the construction, transport, and manufacturing industries have been exposed to toxic substances at work. One of the substances that has caused significant harm and continues to result in fatalities is asbestos. Asbestos is the leading cause of mesothelioma.
About 3,000 cases of mesothelioma are diagnosed every year in the United States, making it relatively rare compared with other serious illnesses. However, it’s important to understand how dangerous the condition is and that you have rights if you’ve been diagnosed with it.
At Garces, Grabler & LeBrocq, our personal injury lawyers can help you get compensation for what you’ve suffered because of being exposed to asbestos. Learn more about mesothelioma and the steps you need to take.
What Mesothelioma Is
Mesothelioma is an aggressive cancer that develops in the mesothelium (the tissues lining the cavities that surround organs). The most common types of mesothelioma are pleural and peritoneal, referring to the linings of the lungs and abdomen.
Pleural mesothelioma most often presents with symptoms that include:
- Shortness of breath
- Lumps in the chest area
- Chest pain
- Fluid in the lungs
Peritoneal mesothelioma has symptoms that include:
- Anema
- Abdominal pain
- Nausea and vomiting
- Loss of weight
- Diarrhea
Aside from pleural and peritoneal, people can develop pericardial mesothelioma and testicular mesothelioma. Pericardial mesothelioma forms in the lining surrounding the heart, while testicular mesothelioma develops in the lining around the testicles.
Regardless of the type of mesothelioma you have, you can experience an overall feeling of being unwell, night sweats, and fever.
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Common Causes of Mesothelioma
The primary cause of mesothelioma is exposure to asbestos, which is a fibrous mineral that gives off a fine powder. When inhaled, asbestos gets trapped in the lungs, causing inflammation and scarring over time and leading to the formation of tumors.
People who are exposed to asbestos regularly during their work are the ones most likely to develop mesothelioma. This is unfortunately common for workers in construction because asbestos was once widely used as an insulation and building material because of its high resistance to fire. Even some types of cement contained asbestos before it was banned.
Even people who have not had direct exposure to asbestos can still come into contact with it and develop mesothelioma. Asbestos can easily latch onto clothing, making it easy for other people to breathe it in. This is called secondary exposure.
Secondary exposure can be particularly dangerous for people who may have certain genetic markers. Your genes appear to play a role in the development of mesothelioma because not everyone who’s exposed to asbestos develops this life-threatening cancer.
The Risks of Mesothelioma
Like all cancers, mesothelioma can affect your body in significant and varied ways. Pleural mesothelioma tumors, which are the most common, often cause breathing problems while allowing fluid to build up in the chest cavities. The tumors can also press down on nerves, leading to pain and even numbness.
These tumors can also cause collapsed lungs because they change the pressure placed on the organs. This requires immediate medical assistance.
As the cancer progresses, it can also metastasize, which means it spreads to tissues and organs throughout the body. Mesothelioma that metastasizes can cause a variety of symptoms depending on where the disease has spread. Broken bones, frequent infections, and anemia are common.
Peritoneal mesothelioma is another type of the disease, and it affects the abdominal cavity. This version of the illness also has complications that can put your life at risk. You could develop bowel obstructions, abdominal swelling, and serious diarrhea that could leave you dehydrated.
No matter what type of mesothelioma you have, if it progresses and enters the final stages, you can experience ongoing pain, extreme fatigue, difficulty swallowing and eating, and body wasting. In the majority of cases, mesothelioma is fatal.
Who Faces the Most Risk From Mesothelioma?
Mesothelioma is most common in those who have been exposed to asbestos for a long time. This usually means men who are involved in the following work:
- Construction industry
- Motor industry
- Shipbuilding
- Manufacture of household appliances
- Power stations
- Firefighting
- Renovation and demolition
- Sheet gasket use
The majority of people who suffer from mesothelioma because of asbestos exposure are men due to the nature of the work that prompted the contact with asbestos. Second-hand exposure from living with someone who works with asbestos also means women suffer from it.
What to Do After Exposure to Asbestos
If you worked in any of the industries where it was possible to come into contact with asbestos, you have a risk of suffering from complications like mesothelioma. It’s essential to know what symptoms to watch for and to get regular check-ups to ensure that you catch any potential issues.
One of the most challenging aspects of mesothelioma is how long it can take to develop. Only decades after the exposure to asbestos will you know for sure if you have the disease.
If you have been diagnosed with any type of mesothelioma, the best thing you can do is get help from lawyers who can fight to get you fair compensation for your losses.
Laws and Regulations Regarding Asbestos
Both federal and state laws regulate the use of asbestos in the United States. Although most industrialized countries have bans on its use, the U.S. doesn’t have a country-wide ban.
Instead, federal and state laws work together to try to regulate the use of asbestos. In New Jersey, the Environmental and Indoor Health branch of the Department of Health offers site audits for asbestos abatement, while the Department of Labor and Workplace Development provides licenses to abatement contractors.
Federally, the Toxic Substances Control Act ensures that asbestos is removed from schools, and the National Emission Standards for Hazardous Air Pollutants protect the general public from exposure to airborne contaminants like asbestos. Asbestos was one of the first air pollutants this act regulated.
Understanding Your Rights
If you’ve suffered losses because of asbestos exposure, you have rights. At Garces, Grabler & LeBrocq, we will investigate how you were exposed to asbestos so that we can fight on your behalf.
These kinds of cases involve personal injury law, which generally means that someone’s negligent or wrongful actions caused you harm. We can help you recover damages for what you’ve suffered.
Who Could Be Liable for Asbestos-Related Mesothelioma?
Asbestos exposure claims can fall under the personal injury law principles of negligence or strict liability. If you were exposed to asbestos in your workplace, you could file a lawsuit claiming negligence, which means there was a breach in the duty of care the company owed you.
On the other hand, if mesothelioma developed as a result of asbestos exposure from a product in your home, you can hold the manufacturers strictly liable. You don’t have to prove negligence in those claims but only demonstrate that the products that contained asbestos led to your illness.
Sometimes, there can be more than one liable party. The complexity of these cases is one of the reasons why you need a lawyer to help you.
Time Limits for Filing a Mesothelioma Lawsuit
In New Jersey, you have two years from the moment you receive a mesothelioma diagnosis to file a lawsuit. Keep in mind, however, that the deadline can be shorter in instances when government entities are involved. To make sure that you don’t miss the deadline, you need to contact a lawyer as quickly as possible.
Compensation You Can Seek After a Mesothelioma Diagnosis
If you’ve been diagnosed with mesothelioma, you have a right to claim economic and non-economic damages. Economic damages compensate you for financial losses you sustained, including medical expenses. You will likely need ongoing care, so you can get compensation for future coverage, too.
Lost wages and loss of earning capacity are also damages you can claim. Mesothelioma will make it very difficult for you to continue working as you receive treatment and as the disease progresses, so you deserve to be compensated for the wages you would have made.
You also have the chance to claim non-economic damages, which compensate you for pain and suffering, loss of enjoyment of life, and loss of consortium if a loved one dies from mesothelioma. In some cases, punitive damages can also be awarded. These punish the defendants.
FAQ
At Garces, Grabler & LeBrocq, we have answers to your questions about mesothelioma claims.
Why Might You Need a Mesothelioma Lawyer?
Dealing with a mesothelioma diagnosis is overwhelming. As you begin treatment and come to terms with the harm that you’ve sustained, the last thing you want to focus on is legalities. A lawyer will take care of the paperwork and complexities of the justice system while you focus on recovering.
Furthermore, winning a successful mesothelioma claim requires hefty legal experience. Proving liability is a complex process, especially when dealing with exposure that likely occurred decades ago. Companies and other liable parties will try to fight back, too, and they’ll use all of their corporate lawyers to do so. You need to be represented.
A lawyer will also ensure that you’re not cheated out of the kind of settlement that you deserve. Often, insurance companies can try to get you to accept a low offer, and they could even try to bully you. With a lawyer helping you, this isn’t an issue. If we don’t think you’re getting a good offer, we can take your claim to court.
How Does a Mesothelioma Settlement Work?
Most of the time, companies that are liable for exposing you to asbestos won’t want to take the case to court. This means they’ll try to offer a fair settlement. Your lawyer will negotiate with the company’s lawyers to get you what you deserve.
Many companies responsible for asbestos exposure have filed for bankruptcy. In those instances, your settlement can come from asbestos trust funds set up for the purpose of compensating victims.
How Much Is My Mesothelioma Case Worth?
Every claim is unique, so it’s impossible to accurately predict what it may be worth without an analysis of the exact circumstances. Factors that can affect the claim include how long you were exposed to asbestos, what type of asbestos products you were exposed to, your age, the evidence available that links your exposure to those who are liable, and the stage and severity of the diagnosis.
Should I File a Claim While I Get Treatment or Wait?
You should file the claim as quickly as you can after receiving a diagnosis of mesothelioma. You don’t have an unlimited amount of time to file, so it’s crucial to get the process started as soon as possible.
How Do I Prove Liability?
Proving liability can be tough in a mesothelioma case because of how long the disease takes to develop. You need to demonstrate that you were exposed to asbestos, and that often means extensive investigations into your past workplaces — research that can be quite difficult when the incident took place decades prior.
Choose Garces, Grabler & LeBrocq
If you’ve developed mesothelioma as a result of exposure to asbestos, you have a right to file a claim to recover damages. At Garces, Grabler & LeBrocq, we have decades of experience helping people throughout New Jersey who’ve experienced injuries and other losses as a result of negligence or wrongful actions.
We are a dedicated and compassionate group of personal injury lawyers who understand the stress you’re under. To make the process a bit easier, we work on a contingency fee basis. What does this mean? We don’t get paid unless you do.
You don’t have to go through this on your own.
Call our experienced New Jersey personal injury lawyers at 800-923-3456 to schedule a free consultation.
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